Borgata Online (“Terms of Service”)
- General Terms of Service
- Underage Policy
- Unfair Advantage Policy
- Third-Party Content Policy
- Reward Plan Terms and Conditions ("Reward Plan")
- Player Account
- Standard Promotional Terms and Conditions
- General Disconnection and Game Cancellation Policy
- Player Protection (Responsible Gaming)
pa.borgataonline.com – Pennsylvania Online Gaming Services (“Terms of Service”)
Last Updated November 1, 2023
IMPORTANT - PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THE AGREEMENTS (AS DEFINED BELOW), THEN PRINT THESE TERMS OF SERVICE AND STORE THEM ALONG WITH ALL CONFIRMATION E-MAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES (AS EACH SUCH TERM IS DEFINED BELOW). THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUT BELOW). BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USE THE SERVICES (AS DEFINED BELOW). IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENTS, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS OF SERVICE OR ACCESSING/USING THE SERVICES.
THESE AGREEMENTS CONTAIN AN ARBITRATION PROVISION REQUIRING BOTH PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT, AND EXCEPT FOR CLAIMS ELIGIBLE FOR RESOLUTION IN SMALL CLAIMS COURT. BY ACCEPTING THESE AGREEMENTS, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL PROVISIONS OF THE AGREEMENTS, INCLUDING THE ARBITRATION PROVISION IN SECTION 28.
You accept to be bound by this contract when you create an account, otherwise click to acknowledge, agree and/or accept these Terms of Service, and/or use the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) create an account, otherwise click to acknowledge, agree and/or accept these Terms of Service, or when You use the Services, a legally binding agreement on these Terms of Service is entered into between, (a) You, the end user (‘You’ or ‘Your’ as applicable) and (b) BetMGM, LLC, located at Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311 (‘BetMGM’, ‘Borgata Online’, ‘We’, ‘Us’ or ‘Our’ as appropriate).
These Agreements (as that term is hereinafter defined) govern the use of the Services in the Commonwealth of Pennsylvania.
In these Terms of Service, “Regulations” shall refer to Subpart L. Interactive Gaming of the Pennsylvania Code, as applicable.
The Services currently operate under and pursuant to the Interactive Gaming Operator license issued to BetMGM by the Pennsylvania Gaming Control Board, pursuant to and in accordance with Subpart L. Interactive Gaming of the Pennsylvania Code. BetMGM is authorized to conduct Online Wagering in the state of Pennsylvania. The Services are provided by BetMGM (where BetMGM is an indirect, partially-owned subsidiary joint venture of MGM Resorts International (“MGM”)) and are marketed under brands owned by MGM. These Agreements are at all times subject to the authority of the Pennsylvania Gaming Control Board.
These Agreements apply to the following online gaming website: pa.borgataonline.com, and any other online or mobile platform provided by Us (each individual site being a ‘Platform’ and together the ‘Platforms’) on which You access Our betting, gaming and wagering services (‘Services’).
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should immediately contact Us in accordance with Section 28 below.
The gaming services are the services provided by Us via the following Platform: pa.borgataonline.com, and any other gaming platforms provided by Us from time to time (together the ‘Gaming Services’).
If You are using or intending to use the Gaming Services, You must do so in accordance with Section 34 of these Terms of Service, which applies specifically to the Gaming Services. We may be required to make changes to these Terms of Service and/or the Services at any time at the request of the Pennsylvania Gaming Control Board.
1. APPLICABILITY OF AGREEMENTS
By using the Services, and/or by clicking to acknowledge/accept that You have read these Agreements when You register to join, and/or when You install any of the software relating to the Services provided via the Platforms, and/or or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 20 and Section 21 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As a consequence of this, if You accept these Agreements when registering for the Services, You will not be able to cancel Your registration later, although You can terminate these Agreements and close Your Account in accordance with Section 21 below.
2. LEGALITY OF USE OF THE SERVICES
2.1. You may only use the Services if You are 21 years of age or over, a United States resident, and it is legal for You to do so according to the laws of Pennsylvania. You confirm that You are not accessing the Services from a state or foreign jurisdiction outside of Pennsylvania at the time of placing a bet or participating in a game. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to always ensure that You comply with the laws that govern You and that You have the complete legal right to use the Services. You hereby acknowledge that underage gambling is illegal, and that it is a criminal offense to allow a person who is under the age of 21 to participate in internet or mobile wagering. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Whenever the Terms of Service that apply to interactive gaming are changed, We shall require You to acknowledge acceptance of the changes via an acknowledgment pop-up. Your acknowledgement shall be date-and-time stamped by the interactive gaming system.
2.2. Underage gambling is a criminal offense, and any person under the age of 21 who engages in online wagering, or any person who facilitates or enables someone under the age of 21 to gamble, has committed a criminal offense, is subject to criminal prosecution, shall be prohibited from internet gaming, and will be subject to disciplinary action.
2.3. Federal Law prohibits and restricts wagering on the internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (‘The Wire Act’) and 31 U.S.C. §§ 3163 through 3167 (the Unlawful Internet Gambling Enforcement Act, or ‘UIEGA’)). It is a federal offense for persons physically located outside of Pennsylvania to engage in internet wagering in Pennsylvania, unless explicitly authorized by the Pennsylvania Gaming Control Board or an interactive gaming reciprocal agreement. A patron’s wagering session connection will be terminated immediately if the patron device is removed from the boundaries of the Commonwealth of Pennsylvania.
3.1. To use the Services, You will first need to register an account with Us. You may access any of the Services from Your Account (as defined below). You are prohibited from allowing any other person to access or use Your Account.
3.2. You can open an account with Us by choosing a unique account name and password and entering other information that We ask for on Our registration form, such as (but not limited to) Your first and last name, social security number, physical address, e-mail, gender, birth date and telephone number (an ‘Account’).
3.4. There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in U.S. dollars. Please note that interest is not payable on your funds. You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.
3.5. You can contact the Customer Care team at any time to obtain Your account and game history. You may also access Your account and game history by logging into Your account and accessing “My Account” and following the prompts for “My Transactions” and/or “Cashier”.
3.7. To place a bet or play a game, You will be required to deposit ‘real money’ funds into Your Account by any of the following methods: (a) A deposit account; (b) A credit or debit card, which has been registered and verified pursuant to the requirements of the issuer; (c) A reloadable prepaid card, which has been verified as being issued to You and is non-transferable; (d) Cash complimentaries, promotional credits, or bonus credits; (e) Winnings during a gaming session; (f) Adjustments made by Us with documented notification to You; (g) Online and mobile payment systems that support online money transfers; (h) Automated clearing house (ACH) transfers, including such transfers through third parties; (i) Wire transfers; (j) Any other means approved by the Pennsylvania Gaming Control Board. Such funds will be deposited into Your Account upon actual receipt of funds by Us or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and withdrawal options and fees, please see the Cashier.
We do not charge You any fees for using a credit card as an account funding method. However, please be aware that Your credit card company may treat this transaction as a cash advance and charge You cash advance fees that may appear on Your credit card statement.
Deposits and withdrawals can be subject to Our review. In the case of suspected or fraudulent activity, We may suspend or terminate Your Account and may refund or refuse to refund any monies contained in Your Account in our sole and absolute discretion.
In connection with making any deposit, You represent that:
- All money that You deposit in Your Account originates from a payment source of which You are the legal owner;
- All money that You deposit in Your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source;
- All payments made into Your Account are authorized and You will not attempt to reverse a payment made into Your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
- You accept that all transactions may be checked for the detection of money laundering and that any transactions made by You which We deem suspicious may be reported to the appropriate authorities.
3.8. You can request withdrawals from Your Account at any time, provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment with which deposits were made, with the exception of credit cards as We do not allow cash-outs to credit cards. When using a card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
3.9. To use certain Services, You may first need to download and install software as provided on the relevant Platform.
3.10. Account statements are available, which detail Your Account activity. These statements can be found by logging into Your Account and clicking on “My Transactions”.
3.11. Upon creating an Account, You acknowledge and consent to receive communications from Us electronically, through the e-mail address provided upon registration of Your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
4. TRUE IDENTITY AND ONE ACCOUNT
The name on Your Account must match Your true and legal name and identity, and the name on Your Account registration must match the name on the card(s) or other payment accounts used to deposit or receive monies into Your Account. To verify Your identity, We reserve the right to request satisfactory proof of identity (including, but not limited to, copies of a valid passport/identity card and any payment cards used) and satisfactory proof of address (including, but not limited to, a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension of Your Account. You consent to have Your age and identity verified by Us. You may not hold more than one (1) Account in connection with Your use of any Platform. We reserve the right to close Your Account(s) if You open multiple Accounts. If We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name or password, please Contact Us for a replacement.
5. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT
5.1. You acknowledge that We are a United States company and run a licensed Pennsylvania gaming operation. As such, We are: (a) prohibited from providing services to certain “prohibited persons” (listed below) that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury; and (b) must exclude or eject any “excluded persons” that are listed on the “exclusion list.”
5.2. The following persons (each an “Unauthorized Person”) are not permitted to establish an internet or mobile gaming account, or to use directly or indirectly any of the Services:
- Any person under 21 years of age;
- Any person on the list of persons who are or will be excluded or ejected from or denied access to any licensed facility under section 1514 (relating to regulation requiring exclusion, ejection or denial of access of certain persons), 1515 (relating to repeat offenders excludable from licensed gaming facility) or 1516 (relating to list of persons self-excluded from gaming activities);
- Any gaming employee, key employee or principal employee of a slot machine licensee and any employee or key employee of an interactive gaming operator;
- Any employee of either MGM, BetMGM or Entain plc (collectively referred to as the ‘Group’), or its subsidiary or affiliated companies, who has administrative or privileged access to MGM’s and/or BetMGM’s online gaming data or systems;
- An employee of a supplier or vendor of the Group;
- Any individuals who have been banned from gaming activities at any MGM Resorts International subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in Pennsylvania or any state;
- “Prohibited Persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists;
- Persons who are not a legal resident of the United States.
You may not attempt to create an Account if You are an Unauthorized Person or assist other Unauthorized Persons with using the Services.
6. YOUR USE OF THE SERVICES
6.1. To ensure fairness, We may take any measures we deem appropriate in order to create a fair and balanced game play environment.
6.2. We reserve the right to suspend, modify, remove or add to any of the Services (collectively, a “Change”) in Our sole discretion with immediate effect and without notice, so long as such a Change does not affect pending play on the Services. We will not be liable for any such action.
6.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our patrons and the integrity of the Services. Please read Our Unfair Advantage Policy (which is incorporated in these Agreements) for further details, and Our Anti-Cheating Policy at Section 34.3 below. If any patron is found to be participating in any form of collusion or other activities that We consider to constitute cheating, their account may be permanently closed, and any balance may be at risk of forfeiture or withholding as per Section 20 of these Terms of Service.
6.4. We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third-Party Content Policy (which is incorporated in these Agreements) for further details.
6.5. We reserve the right to suspend Your use of certain of the Services, Platforms or any games on our Platforms from time to time for any reason or no reason.
6.6. No communications or information published on the Services are intended to constitute legal advice or tax advice, and we accept no liability for any reliance on such content.
6.7. For the purpose of any reference to time in connection with Your use of the Services, We use the Eastern Time Zone (ET), unless otherwise specified.
6.8. Your use of the Services (including, for the avoidance of doubt, any intellectual property or services We may license from third parties from time-to-time, which forms part of the Services) is for Your personal, entertainment use on a single computer or similar electronic device only. You may not use the Services or any intellectual property contained therein for any commercial purpose.
6.9. By accessing our Platforms, or using, or attempting to use, our Software or the Services, You represent and warrant to Us that:
- You are 21 years of age or older.
- You are a legal resident of the United States.
- You are physically located in the Commonwealth of Pennsylvania while wagering.
- All details provided by You to Us to setup Your Account or otherwise participate in the Services are true, current, correct and complete.
- You consent to the monitoring and recording by Us and/or the Pennsylvania Gaming Control Board of any wagering communications and geographic location information.
- You are of sound mind and capable of taking responsibility for Your actions and You can enter into a legally binding contract with Us.
- You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and internet needs to access Our Services;
- You fully understand the methods, rules, and procedures of the games and sports wagers applicable to Our Services.
- You will not wager by using a robot player or equivalent mechanism (a “Bot”).
- You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand.
- You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks on the Platforms.
- You will not disguise or interfere in any way with the internet protocol address (“IP address”) of the computer or other device You are using to access the Services, or otherwise take steps to prevent us from correctly identifying the actual IP address of the device You are using while accessing the Services.
- You accept and agree to abide by the rules of the games and sports wagers as set out on the Services, these General Terms of Service, and the Agreements.
6.10. In order to use the Pennsylvania wagering feature of the Services, You must be physically located in the Commonwealth of Pennsylvania at the time of use. We may, at any time before or after You begin using the Services, require you to verify Your identity, age, or physical location, and we may terminate Your access to the Services if You fail to do so. See ‘Section 17 - Location Services’ for more location information.
6.11. You may not engage in the following prohibited activity in connection with the Services: betting on events overseen by the relevant governing body if You are an athlete, coach, manager, owner, umpire, referee, referee union member, player union member, official, handler, physician, athletic trainer, team owner, or front office member in the sport overseen by that governing body, anyone with sufficient authority to influence the participants in or the outcome of the event, or anyone with information not generally available to the public about the event. In the event We discover that You have participated in such prohibited activity, You will be immediately banned from placing wagers via the Services.
7. COPYRIGHT AND TRADEMARKS
The terms BetMGM, Borgata Online, MGM Resorts International, MGM, MGM Rewards and any other marks used by Us are the trademarks, service marks or trade names of the Group, one of its subsidiaries or associated companies, or its licensors. Further, all other material used by Us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group, one of its subsidiaries or associated group companies, or licensors, and is protected by copyright or other intellectual property rights. You obtain no rights in such copyright material, trademarks or service marks and must not use them without the Group’s written permission.
8. ELECTRONIC SERVICES PROVIDER
In order to use the Services, You will be required to send money to Us and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions (‘ESPs’) to process such financial transactions. You irrevocably authorize Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests, as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
In the event We use such ESPs and/or financial institutions to process payments made by and to You, or otherwise accept Your use of any particular payment method, in connection with Your use of the Services, We shall not be responsible for the acts or omissions of the third party providing such payment processing or payment method prior to Our receipt of funds, or after We initiate a transfer of funds (as applicable). You agree that You shall look exclusively to the ESP or financial institution in the event of any payment processing or other payment method related disputes, and not to Us.
We may from time to time offer You complimentary or bonus amounts, to be credited by Us into Your Account (‘Bonus(es)’). These Bonuses may only be used in relation to the Services that are specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You corresponding to the Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and the bonus release restrictions contained in the relevant offer. Offers may be used only once unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms, including (without limitation) in respect of any qualifiers or restrictions.
10.1. Your account balance is the amount of real money held in Your Account (if any), plus any winnings and minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud, or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under these Agreements (‘Account Balance’).
10.2. Acceptance of a withdrawal request is subject to any deposit method restrictions, bonus restrictions and Security Reviews (see Section 19 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before a withdrawal. For further details of current deposit and withdrawal options and fees, please see the Cashier.
10.3. We may report and withhold any amount from Your winnings in order to comply with any applicable law. You acknowledge that the information furnished will be utilized for purposes of identifying and enforcing child support arrearages or outstanding debt pursuant to state law, if applicable. By accepting these Agreements, You acknowledge that any eligible winnings may be subject to withholding if You are in arrearages of outstanding debt or child support pursuant to state law, if applicable.
10.4. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by the withdrawal options available on Our Cashier or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.
10.5. Payments will be made as soon as reasonably possible (subject to up to five business days of internal processing time), although there may be delays due to any Security Review (see Section 19 below) undertaken by Us, and We may hold any such payments in accordance with these Agreements. Under penalties of perjury, You declare that, to the best of Your knowledge and belief, the name, address, and Social Security Number that You have provided correctly identify You as the recipient of any jackpot payments and any payments from identical wagers, and that no other person is entitled to any part of these payments.
10.6. You acknowledge that a Form W2-G may be issued by Us by January 31st following the year of the payment. By accepting these Agreements, You acknowledge that any winnings that You win by using the Services are subject to the federal (i.e. Internal Revenue Code), state and local tax statutes and regulations, and You allow Your acceptance of these Agreements to serve as an electronic signature and to suffice as an acceptance and signature on any tax documents incurred during the internet gaming activity.
10.7. Your acceptance of these Agreements serves as an acknowledgement that Form 1099-Misc may be issued by Us by January 31st following the year of the receipt of a prize consisting of cash or merchandise, for which a 12-month accumulated value of six hundred US dollars ($600) or more won by using the Services is subject to the federal (i.e. Internal Revenue Code), state and local tax statutes and regulations.
10.8. Your acceptance of these Agreements serves as acknowledgement and consent to receive all tax related documents, including any IRS Form(s) 1099, 1042 and/or Form W2-G, electronically in every jurisdiction You hold an account at for BetMGM and Borgata Online, for each calendar year on or before January 31st of the following year. You will be notified once the documents are made available electronically for each calendar year. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to You electronically. We reserve the right to stop paperless delivery of Your tax-related documents at any time by giving You notice. If We choose to do so, We will send You paper copies of Your tax-related documents. If You prefer not to opt into electronic delivery of Your W2-G and would still like to receive Your W2-G’s by regular mail, please reach out to Our Customer Care team and they will change Your preferences.
11. DORMANT ACCOUNTS
If Your Account has had no activity for a period of two (2) years, Your Account will be deemed Dormant. Where permissible, We will remove non-cashable funds from accounts, including any restricted bonuses or promotional funds. If Your Account remains Dormant for one (1) additional year, any funds remaining in Your Account shall be remitted to the Pennsylvania Treasury under the Disposition of Abandoned and Unclaimed Property law. To prevent Your Account from becoming Dormant, You can log into Your Account and make a withdrawal, a deposit, or a real money wager.
12. THIRD-PARTY CONTENT
12.1. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms, Services, or with Group staff, and You agree that You will not engage in such language. In addition, You are not entitled to make untrue, malicious, or damaging comments with regard to the Group’s operation in any media or on any forum.
12.2. In accordance with the terms of Our Third-Party Content Policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials (‘Third-Party Content’) posted by You on the Platforms which in Our opinion breaches the terms of these Agreements.
12.3. Any violation of this policy may result in removal of the Third-Party Content, a suspension of Your use of the Services and/or any other action that may be required by Us to ensure compliance with this Section.
13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
The Account name and password You select when You register for an Account should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password, and all activities that occur under Your Account name and password. You agree to keep Your Account name and password confidential and not to allow anyone else to use it. As an authorized player, You are prohibited from allowing any other person to access or use Your interactive gaming account. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorized use or misuse of Your login details. We are not required to maintain Account names or passwords. If You have lost Your Account name, username or password, please Contact Us for a replacement immediately. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, We shall not be liable.
14. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS
14.1. We have a zero-tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us, the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, betting on all possible outcomes of a game or event, betting on an event in which You take part, or if We suspect You of fraudulent payment, including use of stolen cards, or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment) or prohibited transaction (including, but not limited to, money laundering) or if Your deposits are failed to be honored by Your bank for any reason, We reserve the right to suspend or close Your Account and recover bad debts using whichever method may be lawfully available to Us, including, but not limited to: (a) debiting the amount owed by You from Your Account; and (b) instructing third-party collection agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including, without limitation, Your identity) with appropriate agencies, and to report any criminal or suspicious activities to the appropriate authorities.
14.2. We reserve the right to void and withhold any or all winnings made by a person or group of persons if We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us, the Group, the Services or the Platforms in any way.
14.3. In the interests of data protection, security and avoidance of fraud, We do not permit the use of any communication channels included within the Services or the Platforms (including, but not limited to, chat boards) to offer or promote any offers, products and services (whether Yours or a third party’s). You are expressly prohibited from posting information or contacting Our patrons to offer or promote any offers, products or services.
15. LIMITED SOFTWARE LICENSE
15.1. We hereby grant You the limited, non-exclusive, non-transferable, non-sublicensable right to install and use the software We make available from the Platforms used to provide the Services (the ‘Software’) and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install and use the Software on a storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Services in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software is the valuable intellectual property of the Group, its associated companies, or its licensors. You obtain no rights to the Software, except to use it in accordance with these Agreements. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; d) export the Software to any country (whether by physical or electronic means); or (e) use the Software in a manner prohibited by applicable laws, regulations or this Agreement (together the ‘Prohibited Activities’).
15.2. You will be solely liable for any damages, costs or expenses arising out of or in connection with committing any Prohibited Activities. You shall notify Us immediately upon becoming aware of any person committing any of the Prohibited Activities and shall provide Us with reasonable assistance with any investigations We may conduct in light of the information provided by You in this respect.
16. GAMING SERVICES UPDATES AND UPGRADES
17. LOCATION SERVICES
17.1. Real-money gaming on the Platforms is restricted by the Pennsylvania Gaming Control Board to users who are physically located within the Commonwealth of Pennsylvania. To confirm Your desktop/laptop location, We use a third-party method that verifies Your IP address and WiFi signal. If one of the two is not confirmed, You will not be allowed to use the Services. To confirm Your mobile device location, We use a third-party method using Your carrier cell tower and WiFi signal. If Your mobile device location is not confirmed, You will not be allowed to use the Services. We cannot guarantee that Your device will be able to successfully use the location services. We may, at any time before or after You begin using the Services, require You to verify Your identity, age, or physical location, and We may terminate Your access to the Services if You fail to do so. If We or Our third-party providers are unable to precisely track Your location for any reason, You may be prevented from accessing or using the Services. We are not liable for Your inability to access or use the Services. We reserve the right to declare null and void any wagers or bets that were placed in violation of Our Terms of Service, including, but not limited to, bets or wagers that were placed from a state or foreign jurisdiction outside of Pennsylvania and bets or wagers placed by Unauthorized Persons, including, but not limited to, if We are unable to precisely track Your location. If we are unable to precisely track Your location, it may impact Your ability to access, claim or use certain benefits associated with the Services.
17.2. By registering to use the Services, You consent to the monitoring and recording by Us (or Our service providers) and/or by the Pennsylvania Gaming Control Board of any wagering communications and geographic location information for the purpose of determining compliance with the Regulations.
18.1. You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout (‘Error’), We will attempt to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers. If there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 20 (Forfeiture & Account Closure) of these Terms of Service.
18.2. If You are incorrectly awarded any winnings as a result of (a) any human error; (b) any bug, defect or error in the Software; or (c) the failure of the relevant games product or the Software to operate in accordance with the rules of the relevant game, then We will not be liable to pay You any such winnings and You agree to refund any such winnings that may have been paid to You as a result of such error or mistake.
19. SECURITY REVIEW
To maintain a high level of security and integrity in the systems used to provide the Services, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Group, and to review Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a ‘Security Review’). As such, You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third-party databases. In addition, to facilitate these Security Reviews, You agree to provide any information or documentation that We, in Our unfettered discretion, may request.
20. FORFEITURE & ACCOUNT CLOSURE
We reserve the right, in Our unfettered discretion and in relation to Your account, any related ESP account (as that term is defined in Section 8), any accounts You may have with other sites, casinos or services owned or operated by or on behalf of the Group and, in the case of Your use of the Services, any Services that share the shared game/table platform, to terminate these agreements, withhold Your account balance, suspend Your account, and recover from Your account the amount of any affected pay-outs, bonuses and winnings, if:
- You are in material breach of any of these Agreements.
- We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity.
- We become aware that You have played on any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity on there.
- You have ‘charged back’ or denied any of the purchases or deposits that You made to Your Account.
- You become bankrupt or analogous proceedings occur against You anywhere in the world.
- Upon instruction of the appropriate law enforcement agency or regulatory body, or upon receiving notice of a civil violation or criminal conviction that involves fraud, deceit, collusion, or similar offenses.
21.1. You are entitled to close Your Account and terminate these Agreements for any reason or no reason on seven (7) days’ notice to Us by withdrawing the entire balance from Your Account and contacting Us by e-mail at email@example.com, via the mobile portal (live chat feature is included), or by phone at 267-825-7022. You may also send a letter to the below address:
Attn: Borgata Online Account Closure
Harborside Plaza 2, Suite 700
200 Hudson Street
Jersey City, New Jersey 07311
We will respond within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until the closure has been put into effect by Us.
21.2. We take Responsible Gaming seriously. If You would like to initiate a self-exclusion ban after You close Your Account for Responsible Gaming reasons, You can visit the Pennsylvania Gaming Control Board’s website here to learn more about self-exclusion.
21.3. Without limitation to Section 20, We are entitled to terminate these Agreements on seven (7) days’ notice (or attempted notice) to You at the e-mail address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via e-mail and, other than where termination is pursuant to Section 20, as soon as reasonably practicable We will refund the balance of Your Account. If We have terminated pursuant to Section 20, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
21.4. Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
21.5. The following Sections of these Terms of Service shall survive any termination of these Agreements by either party: 2, 5, 7, 8, 14, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 35, along with any other Sections which are required for the purposes of interpretation.
You agree that You will only use the services in accordance with the Terms of Service set out in the agreements. You will compensate Us IN FULL for any losses or costs (including reasonable attorneys’ fees) which We (or any member of Our Group) incur, arising from any breach of these agreements by You.
23. SELF-EXCLUSION, TIME LIMITS AND TIME-OUTS
23.1. You may suspend activity on Your Account for a period of time chosen by You (but 3 days at a minimum). You may set daily limits and time-out periods through Our Responsible Gaming page or You can request to be self-excluded from online gambling activities for one year, five years or lifetime by signing up for the Self-Exclusion Program on the PGCB website. You may also enroll by scheduling an appointment at a PGCB office or by visiting a PGCB office located in a licensed facility. To schedule an appointment, please call the Office of Compulsive and Problem Gambling at 717-346-8300 or email them at firstname.lastname@example.org.
23.2. If You have elected to use the time-out feature on any of Your Accounts, You acknowledge and agree that You will not open or use an Account in a different state or with any other Group company (BetMGM, PartyPoker, PartyCasino, Wheel of Fortune, etc.) during the time-out period You selected.
23.3. If You have a pending interactive gaming wager on an event that has not yet begun and then choose to self-exclude, Your wager will be cancelled, and Your funds will be returned via the deposit method that was originally used.
24. LIMITATIONS AND EXCLUSIONS
24.1. SUBJECT TO APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
24.2. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 18, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. MALFUNCTION VOIDS ALL PAYS.
24.3. THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED WINNINGS), REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
24.4. THE GROUP SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TO RECEIVE FUNDS FROM US OR YOUR ONLINE GAMING ACCOUNT, OR TO PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.
24.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
24.6. NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.
24.7. NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY ESP OR FINANCIAL INSTITUTION.
24.8. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
24.9. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
24.10. IF AND ONLY TO THE EXTENT THAT SECTION 24.9 DOES NOT APPLY, OUR MAXIMUM LIABILITY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).
24.11. WE HAVE NO LIABILITY TO YOU ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
24.12. WE ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. WE WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND YOU CONFIRM THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
24.13. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY INTERRUPTION IN OUR SERVICES CAUSED BY ANY RIOT OR CIVIL COMMOTION; HURRICANE; WAR; FIRE; EARTHQUAKE; TERRORISM; ACT OF GOD; PANDEMIC; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF ELECTRONICS, TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
24.14. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE WE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).
You agree to indemnify, defend and hold Us, Our Group, and Our and their respective directors, officers, members, employees, agents, affiliates, affiliated companies, and other partners harmless from and against any claim or demand, damages, losses or liabilities, including reasonable attorneys’ fees, made or claimed by any third party due to or arising out of Your use of the Software or the Services, Your connection to the Platforms or the Services, Your violation of the Agreements, any misrepresentations made by You, Our use of information that You submit to Us, or Your infringement of any intellectual property or other right of any other person or entity.
26. NO REPRODUCTION OR RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platforms, the Software or the Services, use of the Platforms, the Software or the Services, or access to the Platforms, the Software or the Services.
27. THIRD-PARTY WEBSITES
Although We hope that You will find the material on the Platforms informative, the material and links to third-party websites and resources that may be included on the Platforms are provided for informational purposes only. Providing links to these sites by Us should not be interpreted as endorsement or approval by Us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Platform or any third-party website which may be accessed by a link from the Platforms, including any representations or warranties as to accuracy or completeness. Because We have no control over third- party websites and resources, You acknowledge and agree that We are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with Your use of or reliance on any such content, information, goods, or services available on or through any such site or resource.
28. BINDING INDIVIDUAL ARBITRATION, DISPUTE RESOLUTION, AND APPLICABLE LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
28.1. Initial Dispute Resolution Requirement
We believe most disputes between patrons and BetMGM can be resolved by good-faith dialogue between the parties. If You have any claims, complaints or disputes with or regarding BetMGM in connection with Your use of the Borgata Online Platform or the Services, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim, complaint or dispute refers. Claims, complaints and disputes may be submitted by e-mail to email@example.com or via mail to: BetMGM Customer Care Team, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any notice We give to You (other than otherwise set out herein) will be sent to the e-mail address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your e-mail account for e-mails from Us.
28.2. Complaints to the Regulator
You must first endeavor to resolve any dispute with Us directly before contacting the state regulator. To the extent that You are not satisfied with Our response in connection with any complaint, claim, or dispute You make to us, You may then contact the Pennsylvania Gaming Control Board at:
Pennsylvania Gaming Control Board
Any complaints, claims or disputes You may have must be directed to the regulator of the state in which You live, after first attempting to resolve it with BetMGM. Please do not contact any out-of-state regulator regarding any complaint, claim or dispute You may have with or regarding BetMGM.
28.3. Required Dispute Resolution Conference
28.3.1. Before initiating any claim in arbitration, or initiating a case as otherwise permitted by this Agreement, You and We (each a “party” and together the “parties”) must engage in a good-faith effort to resolve any claim through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. The informal telephonic dispute resolution conference shall occur within sixty (60) days of the other party receiving such notice, unless an extension is mutually agreed upon by the parties. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section and such tolling shall end at the end of the telephonic conference. Engaging in an individualized informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and if either party fails to engage in this process, the arbitrator shall dismiss that party’s arbitration demand.
28.3.2. To initiate an informal telephonic resolution conference, the party initiating a claim must give notice to the other party in writing of its, his, or her intent to do so. The notice must contain the name, telephone number, mailing address, and e-mail address of the initiating party, a factual description of the nature and basis of the dispute, the amount that the party is seeking for resolution of the dispute, and the personal signature of the party (a copy of which may be submitted via e-mail).
28.3.3. Any notice You give to BetMGM pursuant to Section 28.3.2 must be sent via e-mail to: LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any notice BetMGM gives to You will be sent to the most recent e-mail address that You have provided Us in connection with Your Account. It is Your responsibility to keep the e-mail address connected to Your Account current and to regularly check Your e-mail account for e-mails from Us.
28.4. Applicable Law/Delegation
28.4.1. The enforceability, application, and interpretation of this arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) to the maximum extent permitted. If for whatever reason the rules and procedures of the FAA cannot apply, Pennsylvania law governing arbitration agreements shall apply.
28.4.2. Except as provided with respect to the Class, Collective, and Representative Action Waiver below, all disputes regarding whether this arbitration agreement is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the scope of this arbitration agreement, shall be determined exclusively by an arbitrator, and not by any court.
28.4.3. Notwithstanding the FAA’s applicability to the enforceability, application, and interpretation of this arbitration agreement, all controversies or claims arising out of or related to Our Services or these Terms shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America without regard to any choice of law or conflict of laws principles, regardless of where You live.
28.5. Binding Arbitration
28.5.1. PURSUANT TO THE FEDERAL ARBITRATION ACT, ANY CLAIMS WHICH ARE NOT RESOLVED BY THE PROCEDURES DISCUSSED IN SECTIONS 28.1, 28.2 AND/OR 28.3, AND ALL OTHER ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE SERVICE(S) (INCLUDING THE GAMING SERVICES), THE PLATFORMS, WAGERING TRANSACTIONS, THE SITE, THE APP, OR THE ALLEGED BREACH OF THESE TERMS OF SERVICE (“DISPUTES”), SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) FOR FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES.
28.5.2. Intended beneficiaries of this Section 28.5 who will be entitled to enforce the provisions of this Section include (a) You and any person or entity purporting to bring claims on Your behalf, as well as (b) BetMGM, MGM Resorts International, and Entain plc; the agents, principals, representatives, directors, officers, shareholders, governors, managers, and members of BetMGM, MGM Resorts International, and Entain plc; and each of BetMGM’s, MGM Resorts International’s, and Entain plc’s parents, subsidiaries, affiliates, partners, licensees, attorneys, successors, joint venturers, contractors, assigns, designees, services, and service providers.
28.5.3. The Streamlined Arbitration Rules and Procedures governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. The arbitrator’s fees and costs shall be paid by BetMGM to the extent required by controlling law and the Streamlined Arbitration Rules and Procedures, if applicable. However, if either party commences arbitration in accordance with these Terms, he, she, or it will be required to pay JAMS’ then-prevailing filing fee. To the extent the filing fee for an arbitration that You commence exceeds the cost of filing a lawsuit, BetMGM shall pay the excess cost. The arbitrator will resolve any disputes regarding costs/fees associated with arbitration. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
28.5.4. So long as the Parties have completed an informal dispute resolution conference pursuant to Section 3 within 60 days after the Notice of Pre-Arbitration Dispute is received, either party may initiate arbitration. The party bringing the claim must demand arbitration in writing or via e-mail. Any demand for arbitration made to BetMGM must be sent via e-mail to LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any demand for arbitration made by BetMGM shall be sent to the most recent e-mail address that You have provided to Us in connection with Your Account. The demand for arbitration shall identify the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The demand for arbitration shall include the original (i.e., non-electronic) signature of the party seeking arbitration. The arbitrator will resolve all disputes regarding the timeliness or propriety of the notice of claims. By signing any demand for arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
28.5.5. Any arbitration pursuant to this Section 28.5 shall be held before a single arbitrator who shall be a retired judge. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by each party ranking and striking from a list of arbitrators supplied by JAMS. Any such arbitration shall be held in the Commonwealth of Pennsylvania or at another mutually agreeable reasonable location within the United States that is convenient for You.
28.5.6. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. In making any decision or award, the arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s decision or award is based. Either party may serve an offer of judgment under Federal Rule of Civil Procedure 68. If a party timely serves such an offer that the receiving party does not accept, and the judgment that the receiving party finally obtains is not more favorable than the unaccepted offer, then the receiving party shall pay the costs of the party that served the offer of judgment, including filing fees, incurred after the offer was made, to the extent permitted by law. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions as permitted by these Terms.
28.5.7. Batch Arbitrations. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against BetMGM, presented by or with the assistance of the same law firm or organization, are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall (a) group the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are less than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with BetMGM and JAMS to implement such a batch approach to resolution and fees.
28.5.8. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED, AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD, WHICH SHALL BE FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION PURSUANT TO THE FEDERAL ARBITRATION ACT. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO A JURY AND AGREE TO PROCEED WITH BINDING ARBITRATION.
28.5.9. 30-Day Right to Opt Out. You have a right to opt out and not be bound by the arbitration provisions set forth in this Section 28.5 by sending written notice by U.S. mail of Your decision to opt out to the following address: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. The notice must be sent (as demonstrated by the postmark or receipt for postage or shipping costs for the notice) within 30 days of the date You register for Your Account, otherwise You will be bound to arbitrate disputes in accordance with the terms of this Section 28.5. Any opt-out notice must be signed by You personally, and not by Your agent(s) or representative(s). Your notice may opt out only Yourself, and neither You, Your agent(s), or Your representative(s) may effectuate an opt-out on behalf of anyone other than You. If You opt out of these arbitration provisions, BetMGM also will not be bound by them.
28.6. Small Claims Matters and Other Matters Excluded from Arbitration Requirement
28.6.1. Notwithstanding the foregoing, either of us may bring any qualifying claim in small claims court located in the Commonwealth of Pennsylvania.
28.6.2. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
28.6.3. Either party may also seek a declaratory judgment or other equitable relief in state or federal court in the Commonwealth of Pennsylvania regarding whether (a) a party’s claims are time-barred, or (b) a party’s claims may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
28.7. Class and Collective Action Waivers
28.7.1. You and BetMGM agree that any and all Disputes arising between You and BetMGM shall be arbitrated only on an individual basis, and not on a class, collective, and/or representative basis. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action, collective action, and/or representative action, and the arbitrator will have no authority to hear or preside over any such action (“Class, Collective, and Representative Action Waivers”). For avoidance of doubt, regardless of the forum in which You or BetMGM brings or seeks to bring claims, You and BetMGM agree to bring claims only in their individual capacities and not as a plaintiff or class member of any purported class or collective proceeding, and not on behalf of any other person.
28.7.2. Notwithstanding any other clause contained in these Terms, any claim that all or part of this Class, Collective, and Representative Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Notwithstanding anything any other clause contained in these Terms, this Class, Collective, and Representative Action Waiver does not prevent You or BetMGM from participating in a class-wide, collective, and/or representative settlement of claims.
28.7.3. The Class, Collective, and Representative Action Waiver shall be severable from this Agreement in any case in which there is a final judicial determination that the Class, Collective, and Representative Action Waiver is invalid, unenforceable, void, or voidable. In such instances, the class or collective action must be litigated in a civil state or federal court of competent jurisdiction - not in arbitration.
28.8. Limitation of Damages
Except where prohibited by law, You agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the use of the Services; and (b) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
28.9. Waiver of Injunctive or Other Equitable Relief
To the fullest extent permitted by law, You agree that, if You claim that You have incurred any loss, damages, or injuries in connection with Your participation in the Services, then the losses, damages, and injuries will not be irreparable or sufficient to entitle You to an injunction or to other equitable relief. This means that, in connection with Your claim, You agree that You will not seek, and that You will not be permitted to obtain, any court order or other action that may interfere with or prevent the development or exploitation of any websites, applications, content, user generated content, product, Service, or intellectual property owned, licensed, used or controlled by us (including Your licensed user content) or any licensor of BetMGM.
28.10. Changes to this Section 28
We will provide You 30 days’ notice of any changes to this Section 28. Changes will become effective on the 30th day. If You continue to use the site or any of the Services after the 30th day, You agree that any unfiled claims are subject to the revised clause.
Except as stated in the Class and Collective Action Waivers section above (Section 28.7), if any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining Terms of Service, and that determination shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable according to the terms contained herein. In the case of the severance of any terms, the portion deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
Failure by Us to insist upon strict performance of any of Your obligations or to exercise any of the rights or remedies to which We are entitled shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations, and a waiver by us of any breach or default of the Agreements shall not be deemed to be a waiver of any preceding or subsequent breach or default.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
32. THIRD-PARTY RIGHTS
32.1. Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements, but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
32.2. For the avoidance of doubt, each member of the Group is an intended third-party beneficiary of these Agreements.
33. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Agreements and as modified or amended by Us from time to time. We may amend these Agreements at any time either by e-mailing or sending You notification of the new terms or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. If any modification is unacceptable to You, Your only alternative is to terminate these Agreements. You will be required to acknowledge acceptance of the changes. It is Your sole responsibility to review the Agreements and any revisions thereto each time You use the Services.
34. ADDITIONAL TERMS FOR USE OF THE GAMING SERVICES
The following additional terms apply to Your use of the Gaming Services.
34.1. Play Money and Real Money Games
By registering for the Services, You will be able to access (through the Software (as defined above)) both ‘play money’ games and tournaments (‘Play Money Games’ or ‘Play for Free Games’ respectively) and ‘real money’ games and tournaments (‘Real Money Games’ or ‘Play for Real Money Games’ respectively), via the Services. No purchase is necessary or required to play the Play Money Games, except for any cost You may incur to access the Services, as charged by Your internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove or add any Gaming Service in Our sole discretion with immediate effect and without notice and We will not be liable for any such action. Please note that in the event of any conflict between this Section 34.1 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.
34.2. Rules and Procedures of the Services
You must use the Services in accordance with the generally accepted game rules set out in the Game Rules section, and the procedures relevant to the Gaming Service. You are using those specifically set out on the Borgata Online online sites, including but not limited to the Promotions section, Tournaments sections, Game Instructions & Rules section, the Refer-a-Friend section, the How to Play section, Table Stakes, and any other page that specifically relates to and governs any particular event, game or tournament (‘Rules’).
34.3. Anti-Cheating Policy
We are committed to preventing the use of unfair practices in the Services, including, but not limited to, player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software, automated computerized software or other equivalent mechanism, or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems (‘AI Software’). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including, but not limited to, reading the list of currently running programs on a player’s computer) and You agree not to use any AI Software or any such programs. See Our Unfair Advantage Policy for more information.
34.4. Shared Games, Table and Database Platform
We reserve the right, but are not obliged, to run and utilize a shared table, server and database platform or system (‘Shared Game/Table Platform’) which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the Terms of Service of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.
34.5. Play Money and Real Money Account Funding
‘Play money’ funds have no value and are kept separate from ‘real money’ funds. They are not transferable to a ‘real money’ account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You, and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts. Please note that in the event of any conflict between this Section 34.5 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.
34.6. Settlement of In-Game Disputes
You fully accept and agree that random number generator (‘RNG’) software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred. Please note that in the event of any conflict between this Section 34.6 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.
34.7. Statistics and Live Scoring
From time to time Our website and mobile app may display game times, scores, statistics, results, and other information relating to games, matches, or events, including, without limitation, “live” scores, statistics and times displayed as part of a live-streamed event or scoreboard. All such information is unofficial, is provided for informational and entertainment purposes only, and should not be relied upon by patrons for any purpose. It is the patron’s responsibility to independently verify all such information. Neither We nor Our third-party providers warrant or make any representations of any kind with respect to any such information transmitted or made available via Our website and mobile app. Neither We nor Our third-party providers shall be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted or made available via Our website and mobile app, and shall not be responsible or liable for any error or omissions in that information.
34.8. Progressive Jackpot Information
Each progressive jackpot is reset to its individual base value after any player hits that particular jackpot. The reset values of the jackpots are:
- TheBigOne Blitz Cash Jackpot: $50
- TheBigOne Quick Cash Jackpot: $500
- TheBigOne Super Cash Jackpot: $1,000
- TheBigOne Mega Cash Jackpot: $10,000
- TheBigOne Colossal Cash Jackpot: $125,000
- Ca$hFla$h Jackpot: $1,000
35. DISCLOSURE OF NON-PUBLIC INFORMATION
Patrons are prohibited from disclosing non-public information that may affect internet wagering or the outcome of internet wagering. In the event We discover that a patron has disclosed non-public information that may affect internet wagering or the outcome of internet wagering, the patron will be immediately banned from placing wagers via the Services.
PLEASE PRINT THESE TERMS OF SERVICE AND STORE THEM FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
You can contact our Customer Care team at any time via email request to obtain a copy of these Terms of Service, or visit pa.borgataonline.com in order to view the Terms of Service in their entirety.
If You have any questions, please contact Our 24/7 Customer Care Team.
Underage gambling is a criminal offense, and any person who facilitates someone under the age of 21 to gamble has committed a criminal offense and shall be prohibited from internet gaming.
Borgata Online excludes minors (persons under the age of 21) from gaming, and we will always ask for proof of age during the registration process. We also begin an automatic identification process immediately after registration, which can require a copy of a picture ID document upon deposit or withdrawal. We take our responsibility for preventing minors from playing with us seriously, and in order to offer the best possible protection of minors, we require the shared responsibility of parents. Use child protection software, such as the ‘NetNanny’ program or the ‘Cybersitter’ software from 27Labs, to block gaming sites from persons under 21.
If You know someone under the age of 21 who is registered with us, please contact us immediately at firstname.lastname@example.org
Unfair Advantage Policy
Unfair practices are any practice, including, but not limited to, the use of Bots (autonomous or command-executed programs on a computer or network that can interact with computer systems or users), AI, multiple account use or practices conducted in collaboration with other players, carried out by one or more players, with one or more accounts, which could put any other player not engaging in such activity at a competitive disadvantage, where the unfairness in such activity is due to its success being based to some extent on concealment or deception against such players. Unfair practices include, but are not limited to, the following:
Money-dumping occurs when any player intentionally loses a poker hand to transfer their money or chips to another user. Any user who participates in or attempts to participate in money-dumping with any other player on the Borgata Online poker platform is subject to discipline in a number of forms, a warning (in which the user’s account may be temporarily suspended in order to educate the player and reiterate the requirements of the Terms of Service), up to and including permanent account closure and confiscation of their funds.
2. Multiple Accounts a.k.a. Multi-Accounting:
It is prohibited for a player (whether in the player’s name or another name) to have multiple accounts for the sole purpose of playing both accounts at the same time. A player may only have a single gaming account for each BetMGM skin (i.e. BetMGM, PartyPoker, PartyCasino, Borgata, etc.). In states where multiple BetMGM skins are present, players are prohibited from playing on multiple skins simultaneously. Any player associated with multi-accounting is subject to discipline in a number of forms, from a warning (in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service), up to and including permanent account closure and confiscation of their funds.
Collusion is defined as two or more players sharing and using their combined knowledge to gain an advantage, with the intent to take advantage of other players at the poker table. This could include not playing Your hand as You normally would by softplaying, passing/dumping chips, hole card sharing, squeezing players out of a pot, and many more techniques that are not within the spirit of a fair game. Players may not communicate, in any form, with another player to offer an opinion related to the game or hand being played. Any kind of communication about anything related to the current poker game is considered collusion and is in violation of Borgata Online’s policy. Any player associated with collusion is subject to discipline in a number of forms, from a warning (in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service), up to and including permanent account closure and confiscation of their funds.
4. Account Sharing/Third-Party Account Usage:
Each player on the Borgata Online platform is responsible for protecting their login credentials. Sharing account credentials and devices is prohibited under the Terms of Service of Borgata Online. No third party (including friends and relatives) is permitted to use Your account or access the Borgata Online platform under Your name. Any player who believes the integrity of their Borgata Online gaming account has been compromised, should inform Us immediately. We hold no responsibility for any actions taken by a third party who gains access to any player’s gaming account. Under no circumstances will We be liable for any losses incurred by any player as a result of mishandling of a player’s access credentials by any person. All transactions and gameplay where Your username and password have been entered correctly will be regarded as valid, whether authorized by You or not. Please note that anyone found to be sharing accounts could be subject to a number of measures, from a warning in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service, up to and including permanent account closure and confiscation of their funds.
5. Extracting Player Profiles:
Certain companies offer for-sale programs specifically created to extract player profiles and then sell them in the form of voluminous player databases, with the promise that anyone who purchases these programs can use this information to their advantage against other players, by invisibly gathering information about You and then selling it to others to use when they play against You online.
These programs are based on player hand histories, and they typically use the following methods: screen-scraping, reading the “Chat”, and by accessing histories directly from an individual player’s computer using the program. If a player is found to have extracted player profiles through this or other methods, they will be in breach of this provision, which will lead to permanent account closure and confiscation of their funds.
6. The Use of Artificial Intelligence (AI):
AI is composed of autonomous or command-executed programs on a computer or network that can interact with computer systems or users, especially one designed to respond or behave like a player. We prohibit the use of AI on its platform and across its skins. All player actions taken on the Borgata Online platform must be player-generated without assistance. We reserve the right to withhold funds of, and deny services to, any person using a prohibited tool or service. If a player is found to have used AI, they will be in breach of this provision, which will lead to permanent account closure and confiscation of their funds.
7. The Use of “Bots”:
Certain companies offer Bots specifically created to play a game in the place of an actual (human) player, and conceal its use from the other players, and avoid detection by the online gaming site. These programs are marketed by explicitly promising the prospective purchaser/user an unfair advantage over other online players not using that program. The use of Bots is prohibited. A Bot is software that can interact with the Borgata Online platform without any human input. The software calculates the best available decision and then executes it. If a player is found to have used a Bot in any way, they will be in breach of this provision, which will lead to permanent account closure and confiscation of their funds.
8. Real Time Assistance (RTA) Tools:
RTA tools that use software to suggest to an active player what action to take (i.e. ‘bet’ or ‘check’) are prohibited. We reserve the right to withhold funds of and deny services to any person using a prohibited tool or service. If a player is found to have used an RTA or otherwise prohibited tool or service, they will be in breach of this provision, which will lead to permanent account closure and confiscation of their funds.
Permitted Third-Party Tools:
We do not forbid/discourage all online programs. Our own website provides permissible programs for playing online. Our objective, however, is in providing and promoting a level playing field and the best possible user experience for all Our players.
The only third-party tools that are permitted to be used on Borgata Online while the gaming platform is open are listed below, and also on the Poker FAQ page. We recommend You visit this ‘Unfair Advantage Policy’ and the linked Poker FAQ page frequently to stay up to date on which poker tools are permitted or prohibited by Us.
Here are some tools that are permitted whilst using Our platform:
PartyCaption, StackAndTile, PlaceMint, Table Tamer, StarsHelper, Mosaic 2, IntuitiveTables, Universal Replayer, Jurojin Poker, Slot Poker Pro, hand2note, Poker Copilot, NoteCaddy, Holdem Manager 3, Poker Tracker 4.
Use of any tools not mentioned in the above list or on the Poker FAQ page is prohibited while the platform is in use, may lead to restrictions being placed on Your account and could lead to permanent account closure. If a user is found to be in breach of Our Terms of Service, We reserve the right to permanently close the player’s account and confiscate their funds.
Prohibited Third-Party Tools while the Poker Platform is in Use:
We understand that there are a number of tools that are designed to help You improve as a poker player.
While many players will legitimately use these tools for studying and personal improvement outside of the game, many of these tools unfortunately also provide assistance that, should they be used in-game, provide the user with an unfair advantage over the remainder of the playing field. As such, there are a number of tools that We understand Our players wish to use (and We are happy for them to do so), however, they are strictly prohibited from being used while the poker platform is also in use.
The list of prohibited tools while the poker platform is in use includes, but is not limited to:
PioSOLVER, PokerSnowie, Jesolver, Flopzilla, ICMIZER, Vision GTO Trainer, InstaGTO, Holdem Indicator, Omaha Indicator, Stud Indicator, Tournament Indicator, HirokuScript, Poker Calculator Pro, Super HUD, Tournament Shark, Lucid GTO, Spinwize, Deepsolver, SimplePostFlop, Equilab, Chartmanager, MonkeySolver, SimpleNash, PokerStove.
Please note that any user found to be in breach of these restrictions could be subject to discipline in a number of forms, from a warning (in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service), up to and including permanent account closure and confiscation of their funds.
Prohibited Third-Party Tools:
For the avoidance of doubt, there are some tools that, if a player is found to be using in any capacity, will result in a breach of Our Terms of Service and may result in an immediate closure of the player’s account and seizure of their funds. The use of any tool that does the following is not permitted at any time:
- Any tool that is designed to circumvent Our restrictions on downloadable hand histories.
- Any tool that plays without human intervention (a ‘Bot’).
- Any tool that makes decisions for, or advises decisions to, a player – therefore reducing the human element of the game (‘assistance software’).
- Any tool that automates the process of joining a specific table or game based on a defined set of criteria, such as player statistics or notes (a ‘seating script’).
- Virtual Machines and Screen Sharing/Remote Access Software.
- The use of both Virtual Machines and/or any software that specializes in screen-sharing and remote-access is prohibited on Borgata Online.
The list of prohibited tools includes, but is not limited to:
VMWare, Teamviewer, WinHoldem, Warbot, Sharkmate, HoldemBot, ICM-Bot, SpinWiz, InHuman, DeepMind Pokerbot, Omaha Shark, Poker Edge, SessionLord, FullAutoHoldem.
The list of prohibited tools also includes the tools listed on the Poker FAQ page. We recommend You visit this ‘Unfair Advantage Policy’ and the linked Poker FAQ page frequently to stay up to date on which poker tools are permitted or prohibited by Us.
Should You have any questions about the use of any specific tool, please contact Us at email@example.com.
Requesting permission for a non-listed third-party tool:
If You wish to use a third-party tool or application that is not listed in the permitted sections above, please e-mail firstname.lastname@example.org with Your request. Please also include the website address of the tool that You wish to use. If, after reviewing the requested tool, We choose to grant permission for it to be used on Our network, We will reply to You directly and add it to the permitted list. Please note that We will not grant permission to tools that provide timing randomizers, seat scripts and Bot/assistance software. Similarly, We only monitor third-party tools that work alongside the Borgata Online platform and only tools with such functionality will be reviewed. As a result, any new or already existing third-party tools that do not directly integrate with the Borgata Online platform will not be reviewed, and will therefore not be added to the permitted tools list.
Frequently Asked Questions:
How does Borgata Online distinguish between Prohibited and Permitted categories of programs? Is it true that many of these programs are for training and improving gaming skills?
Programs that give a player an advantage over others are not something We wish to forbid. Advantage is not the issue; an unfair advantage is. We see that as deception. And so is invasion of privacy and data theft. Our basis for distinction is not whether a particular program gives the user an advantage over non-using players, nor is it based on the particular content. To Us, the key indicators that define the class of programs We seek to eliminate from use on the website are: (1) deception and (2) breach of Our customers’ privacy.
Instead, what We are referring to is programs which: (a) advertise as a key feature that the buyer/user will gain an unfair advantage (quite often they even use the word “cheat”) over the other players, in other words they promise to help a player to cheat; or (b) their use by the buyer/user is intended to remain concealed from the other players and from the “operator” (i.e., the online gaming room); or (c) steal legally protected material (e.g., player identities) that violates International Copyright Laws, as well as Privacy Laws (“Prohibited Categories”).
Which counter-measures is Borgata Online taking to prevent the use of Bots?
Our efforts can be divided into three separate categories: (a) identification & detection; (b) warning/suspending offending users; and (c) additional measures through enlarged customer choice. Identification and detection counter-measures are in place now and have been for some time. These efforts will continue to improve - so that We’re able to more precisely detect existing Bots and, more importantly, so that as new Bots are created/released, We can also prevent those from diminishing the user experience when on the website.
Do the efforts involve “data mining” or other means to access/read files on my computer?
General Poker Etiquette
The following actions are strictly prohibited on the Borgata Online platform, and any player found to be in breach of these provisions may be subjected to suspension, based on the severity of the infraction:
- Queueing - Queueing occurs when a player, or a group of players, intentionally tries to alter or avoid specific opponents in games where registration is ‘blind’.
- Ratholing - Ratholing is the act of cashing out chips from a cash-game table and then rebuying with a smaller amount of chips at a different table. Ratholing is considered unethical behavior.
- Blind Abuse - Blind abuse occurs when the player receiving the button in a heads-up match is required to play an equal number of small blinds and big blinds. The player receiving the button in the first hand is required to finish the game in a hand where the opponent receives the dealer button.
We provide players with a chat facility through which players can communicate with other users of the Borgata Online platform. We collect and may use this information for legitimate business purposes, including to enforce these Terms of Service. We reserve the right to review chat history and to record all statements made on such facility. A player’s use of the chat facility is subject to the following rules. Players shall not:
- Make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred, or profanity.
- Make statements that are abusive, defamatory, or harassing or insulting to other users of Our Services.
- Make statements that advertise, promote, or otherwise relate to any other online entities.
- Make statements about BetMGM, Borgata Online or the Sites or any other internet site connected to BetMGM or Borgata Online that are untrue and/or malicious and/or damaging to Us.
Borgata Online only permits the use of English within the chat facility.
Players are prohibited from chatting about games in progress. Any chat that may influence how any player in the game might act during a hand is prohibited.
- The only two exceptions to this rule are as follows: (1) In cash game hands which are heads-up (where everyone else active at the table has folded), or (2) When the two players are the final two players remaining in a tournament, the two players involved may chat freely amongst each other. Upon breach by a player of any of the above provisions, We retain the right to remove a player’s chat privilege without any warning.
PLEASE NOTE: Any personally identifiable information You share via the chat may be visible to other Borgata Online players or third parties. We are not responsible for the consequences of any voluntarily shared personally identifiable information that any player submits via the chat facility being read by others.
Violation of Our chat abuse policy is subject to a number of measures, from a warning in which the user’s chat may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service, up to and including permanent chat closure.
Consequences of Unfair Practices:
Where We in Our absolute discretion determine an unfair practice has taken place (whether an unfair advantage has been gained or not), the person(s) responsible for that practice will be subject to one or all of the following consequences:
If an unfair practice is detected, We may do any or all of the following:
- We may e-mail the offender(s) and demand the immediate halt of all unfair practices.
- We may suspend the offending account(s) for the purposes of conducting a thorough investigation into the unfair practices.
- Ultimately, We reserve the right, in Our sole discretion, to terminate the offending account(s) indefinitely and for all funds in the account(s) to be forfeited (see Sections 5, 20, and 22 of Our General Terms of Service).
Third-Party Content Policy
We are committed to ensuring the safety and security of Our Platforms and Our Services for all of Our patrons. We have created this Third-Party Content Policy to make You aware of the rules surrounding the uploading of Third-Party Content (as that term is defined in Our General Terms of Service) to Our Platforms. Please note that this Third-Party Content Policy will be agreed upon between You and Us and will form part of Your Agreements with Us. We may periodically make changes to this Third-Party Content Policy and strongly recommend that You revisit this Third-Party Content Policy regularly.
The terms of this Third-Party Content Policy are as follows:
1. We do not claim any ownership rights of any Third-Party Content (as that term is defined in Our Terms of Service and including, without limitation, player images) posted by You on Our Platforms. You agree that You are solely responsible for any Third-Party Content posted by You under Your Username.
2. You hereby grant to Us a non-exclusive, royalty-free, worldwide, perpetual license (including the right to sub-license) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third-Party Content on Our Platforms, or in connection with any promotions in all known or hereafter developed media.
3. You declare to Us that You have full power and authority to grant the license described in paragraph 2 above and that the Third-Party Content posted by You: (a) does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is not obscene or pornographic and does not contain child pornography; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) does not constitute any of the types of prohibited Third-Party Content as set out in paragraph 5 below and; (g) does not contain any viruses, trojan horses, worms, time bombs, cancel BOTs or other computer programming routines that are intended to damage, harmfully interfere with, secretly intercept or capture any system, data or personal information.
4. You agree to pay for all royalties, fees or any other monies owed to any third party as a result of You posting any Third-Party Content on any of Our Platforms.
5. You acknowledge that the following constitutes (but is not limited to) prohibited content. Third-Party Content which:
- is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person.
- constitutes information that You know is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- contains nudity, excessive violence, or offensive subject matter, or links to any such content.
- solicits personal information from anyone under twenty-one years of age.
- contains information that poses or creates a privacy or security risk to any person.
- contains an unauthorized copy of another person’s copyrighted work.
- includes a photograph or video of another person that You have posted without that person’s consent.
Reward Plan Terms and Conditions (“Reward Plan”)
The terms and conditions of this Reward Plan are in addition to, and subject to, those terms and conditions set forth in the Online Gaming Terms of Service (“General Terms of Service”), which are incorporated herein by reference. Capitalized terms herein have the same meaning as set out in the Terms of Service. In addition, the following definitions apply:
- ‘Reward Plan’ refers to this Reward Plan, as amended or replaced by Us from time to time;
- ‘Borgata Online Rewards Points’ refers to the points earned from wagering real money, which are available for redemption in Our Reward Store from time to time in accordance with the terms set out herein;
- ‘Reward Store’ means the online reward store where You may redeem Borgata Online Rewards Points;
- ‘Inactive’ is defined as not logging on to Your Account using Your Account name and password and either placing a cash wager/bet or playing a game via the Services, or making a deposit as applicable, and ‘Inactivity’ is construed accordingly;
- ‘Sites’ for the purposes of this Reward Plan shall mean the following platform: pa.borgataonline.com.
1. To join the Reward Plan, You must have a real money Account with one of the Sites. Only individuals are eligible for membership of the Reward Plan.
2. Reward Plan membership and benefits are provided at Our sole discretion.
3. You will earn Borgata Online Rewards Points as a result of real money wagering, as set out on the ‘Borgata Online Rewards FAQ page (as amended from time to time) and any other applicable pages on Our Sites. Borgata Online Rewards Points are non-transferable and do not have any cash value.
4. The earning and redemption of Borgata Online Rewards Points is subject to Our sole discretion and to any restrictions contained on the relevant pages of Our Sites, and any terms and conditions provided with particular promotions or bonuses. We have the sole right to interpret and apply such terms and conditions.
5. You are responsible for informing Us of any change of Your address or other Account details, and We shall not be liable for any consequences resulting from Your failure to do so.
6. It shall be Your responsibility to ensure that Your Borgata Online Rewards Points are properly credited. If You dispute Your Borgata Online Rewards Points balance, or where We deem that verification is required, We reserve the right to require proof of accrual from You.
7. If You become eligible for an invitation to a tournament or live event, the logistics, date and timing of the event and the terms and conditions of entry shall be at Our sole discretion. Any such eligibility does not guarantee that such an event will take place. We will not be liable for any injuries, losses, damages or expenses suffered or incurred by You or any third party as a direct or indirect result of attending any such event.
8. We reserve the right to make any payment transfers by means which do not result in Us incurring any third-party costs.
9. We reserve the right to award Borgata Online Rewards Points selectively, at any time, to players chosen in Our discretion. Any failure to follow the terms and conditions referred to herein, any abuse of the Reward Plan or any conduct detrimental to the interests of the Group, may result in the termination of Your membership of the Reward Plan and the cancellation of accrued Borgata Online Rewards Points.
10. We reserve the right to modify, alter, discontinue or terminate the Reward Plan and any promotion or product line at any time for any reason whatsoever, with or without notice (including, without limitation: by changing the way Borgata Online Rewards Points are generated, earned, awarded, collected or redeemed, or by adding further restrictions on the redemption of Borgata Online Rewards Points).
11. Borgata Online Rewards Points are valid for 180 days from the date earned. After 180 days, the points will be available for use until they are removed from Your account.
12. On the first day of every month, all Borgata Online Rewards Points older than 180 days are removed from Your account.
13. An account becomes “Inactive” when no Borgata Online Rewards Points are earned for 180 consecutive days, for the purposes of the Reward Plan. Based on the inactivity, all Borgata Online Rewards Points will be expired and removed as indicated above.
14. An “Inactive” account becomes “Active” (“re-activates”) once a patron logs in, participates in game play, and earns a single Borgata Online Rewards Point.
15. The individual Terms and Conditions for the exchange of Borgata Online Rewards Points for Bonuses, Tournaments, Express Comps and any other potential offerings as described in the Reward Store will be made available to You on Our Sites.
16. We may amend these terms and conditions at any time, either by e-mailing You notification of the new terms or by publishing the modified terms and conditions on any of Our Sites.
17. Decisions of Our staff and management about any aspect of the Reward Plan will be final.
18. These Agreements shall be governed by and construed in accordance with the laws of Pennsylvania.
The Borgata Online platform meets the highest security standards in the industry, with a five-level security system, multiple firewalls, and 128-bit SSL encryption. Early-warning systems in the form of limits on unusually high stakes and winnings prevent manipulation and other criminal activities at an early stage.
However, you can help us to further increase the safety of your account:
- You are responsible for the safety of your personal computer and mobile device. Configure your auto-lock features to protect them from unauthorized use.
- Keep your access details safe at all times (user ID, password, and your question-and-answer combination)
- Don’t share your account credentials, your credit card information or your bank account details.
- Don’t leave your computer unattended when you are logged in.
- Don’t use the ‘Save password’ option on log-in screens.
- Create separate profiles for everyone who uses your devices, so that nobody else can access your information. You are prohibited from allowing any other person to access or use Your Account.
You should change your password regularly. By default, you receive an e-mail notification when your account is being accessed. If you cannot remember having accessed your account at the specified date and time, change your password immediately.
For an additional level of safety, you can enable Strong Authentication. If enabled, every time you try to access your account, a one-time password is sent to your registered e-mail. This one-time password is needed in addition to your normal password in order to gain access to your account. You can set these options in your Account settings.
If you have forgotten your password, you can retrieve it here.
You can contact our Customer Care team at any time to obtain your account history and game history.
If you want to take a break or stop playing on our sites (for any reasons other than the prevention of gambling-related problems), we offer a service closure. For further information, please contact our Customer Care team.
Standard Promotional Terms and Conditions
1.1. The terms contained in this section (“Standard Promotional Terms”) apply to all promotional offers available through Our Platforms (each a “Promotion”) and, together with any applicable specific promotional terms, which may also be referred to as “Key Terms”, set out on the individual webpage for the relevant Promotion (“Specific Promotional Terms”) and Our General Terms of Service, and Texting Program Terms and Conditions (collectively, the “Promotion Rules”), form a legal agreement between You and Us and can only be amended with Our consent. By participating in any Promotion, You are indicating You accept and agree to be bound by the Promotion Rules.
1.2. You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.
1.3. In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms and the General Terms of Service, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
1.4. Your use of each Platform itself and of any services available through that Platform are subject to the Promotion Rules.
2. Promotions and Promotion Periods
2.1. We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real money bonuses or some other form of incentive), prize draws, competitions, contests, leagues, tournaments or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as e-mails and computer pop-ups) We issue to tell You about each Promotion (each a “Promotion Communication”) or on the individual webpage for the relevant Promotion.
2.2. For the purposes of all Promotions, the promoter is the entity You have contracted with under the General Terms of Service (“We”, “Us” and “Our”).
2.3. The period of time during which each Promotion will run (“Promotion Period”) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. If no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the Platform.
3. Promotion Communications
3.1. Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to players from any of Our Platforms, but is limited to one per person, family, household, address or organization to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to players who fulfill specific selection criteria. If a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.
3.2. Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient, then the offer is null and void.
4. Eligibility to participate in Promotions
4.1. To be eligible to participate in any Promotion, You must:
- be twenty-one (21) years of age or older.
- be physically located in Pennsylvania at the time of participation.
- be legally entitled to use Our services in accordance with Our General Terms of Service.
- have successfully completed registration on the Platform for the relevant service and opened a real money player account (“Account”) in accordance with Our General Terms of Service, unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available, and subject to Section 5.2 below.
- satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms.
- not be an Unauthorized Person (as defined in Section 6, below); (a “Qualifying Player”).
4.2. To be eligible to participate in any Promotion which is stated to be intended for new players or which is described as a “new player offer” or “sign up offer” (or similar), You must not have previously opened and made a deposit into an Account on any of Our Services. Such Promotions may not be used in conjunction with any other Promotion, unless otherwise specified in a particular Promotion’s terms and conditions.
4.3. The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, e-mail address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.
5. Participation in Promotions
5.1. Participation in any Promotion is voluntary.
5.2. To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual webpage for that Promotion and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or webpage indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an e-mail to the address that is specified.
5.3. Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.
6. Excluded and disqualified players
6.1. Excluded and disqualified players consist of the following:
- Any person under 21 years of age.
- Any person on the list of persons who are or will be excluded or ejected from or denied access to any licensed facility under section 1514 (relating to regulation requiring exclusion, ejection or denial of access of certain persons), 1515 (relating to repeat offenders excludable from licensed gaming facility) or 1516 (relating to list of persons self-excluded from gaming activities).
- Any gaming employee, key employee or principal employee of a slot machine licensee and any employee or key employee of an interactive gaming operator.
- Any employee of either MGM, BetMGM or Entain plc (collectively referred to as the ‘Group’), or its subsidiary or affiliated companies, who has administrative or privileged access to MGM’s and/or BetMGM’s online gaming data or systems.
- An employee of a supplier or vendor of the Group.
- Any individuals who have been banned from gaming activities at any MGM Resorts International subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in Pennsylvania or any state.
- “Prohibited Persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists.
- Persons who are not a legal resident of the United States.
7. Qualifying Deposits
7.1. Unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available (or such other dispensation), participation in any Promotion is subject to You having made the required minimum deposit as may be required from time-to-time into Your Account, once opened, (“Qualifying Deposit”), unless the Specific Promotional Terms specify that a different Qualifying Deposit amount is required.
8. Release and withdrawal restrictions
8.1. In relation to some Promotions, certain release requirements or (where appropriate) withdrawal restrictions must be satisfied, in addition to the general eligibility criteria set out in these Standard Promotional Terms, before a bonus may be used, played with or (where appropriate) withdrawn, or as a condition of being eligible for a prize or to compete in a competition, contest, league or tournament. Any such additional restrictions or requirements will be contained or referenced in the applicable Specific Promotional Terms. In the event that You withdraw funds corresponding to a Bonus you have received, without having met any applicable release requirements, withdrawal restrictions or general eligibility criteria, You shall forfeit the entire sum of the Bonus and any winnings resulting from this Bonus and We shall be entitled to deduct this from Your Account.
8.2. If it is a requirement of any Promotion that a certain number of games or wagers be played or placed, then unless otherwise indicated in the applicable Specific Promotional Terms, any games or wagers played or placed at tournaments (unless the Promotion is a tournament) or at play money areas will not be counted.
8.3. If it is a requirement of any Promotion that a certain number of Points be accrued, then unless otherwise indicated in the applicable Specific Promotional Terms, the reference to “Points” means Standard Points accrued during the relevant Promotion Period only. Unless otherwise indicated in the applicable Specific Promotional Terms, Points which have been redeemed or used in any way outside of the relevant Promotion, will not be counted towards such a requirement. Once Points have been redeemed in connection with a Promotion, they may not be reclaimed.
8.4 If it is a requirement of any Promotion that wagers be placed, then unless otherwise indicated in the applicable Specific Promotional Terms, bets placed in any game of (a) Roulette on the winning number being red, black, odd, even, between the number range 1 - 18, or between the number range 19 - 36; (b) Single Deck Blackjack (c) Bonus Pairs Blackjack; (d) Triple Card Poker; (e) Texas Hold’em Bonus Poker; (f) Final Score World Cup; and (g) Tens or Better will not be counted as valid wagers for the purposes of meeting the withdrawal or wagering restrictions of any Promotion.
8.5 If it is a requirement that a game has a specific wagering percentage contribution assigned to it, the chart below would apply:
9. Payment of Bonuses and Bonus Abuse
9.1. Subject to Section 8.1 above, unless otherwise indicated in the applicable Specific Promotional Terms, or based on Section 9.2 below, all real money bonuses will be paid into the Accounts of Qualifying Players within seven (7) days of entry into the relevant Promotion.
9.2. Your use of any real money bonuses is subject to Our review for Bonus Abuse. Bonus Abuse includes, but is not limited to, low margin betting, equal betting, zero risk bets, wagering on both sides of an event, or hedge betting in relation to bonus funds. It shall constitute Bonus Abuse to engage in any of the conduct described in this section using linked accounts, whether in the player’s name or another name. Any act of Bonus Abuse constitutes a violation of these Terms and Conditions. In the event We suspect that Bonus Abuse has taken place, We reserve the right to prevent You from withdrawing Account funds; and/or withhold any of Your winnings derived from Your use of the bonus. Upon determining that Bonus Abuse has occurred, We reserve the right to void any wagers relating to the use of bonus funds and/or subtract from Your account balance any funds earned through engaging in Bonus Abuse.
9.3. In the event that more than one real money bonus or any excess payment is accidentally paid to a Qualifying Player, We reserve the right, without prejudice to any other rights under the Promotion Rules, to reclaim the amount of any additional real money bonus or payment from that player’s Account.
10.1. With respect to cash prizes, Qualifying Players who win a prize as the result of any Promotion consisting of a draw, competition, contest, league or tournament (respectively, a “Winner” and a “Prize”) must accept the relevant Prize “as is”, and, with respect to non-cash Prizes, there is no right to a cash alternative unless We, in Our sole discretion, decide to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value, as determined by us.
10.2. Prizes will be drawn at random and, provided all players must be Qualifying Players, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our gaming Platforms a Qualifying Player has used, or any other factor.
10.3. All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated there, a cash Prize will be paid into the Account of the Winner. If We arrange for a non-cash Prize to be delivered to You, the delivery may need to be signed for, but in all cases We reserve the right to require that a particular Prize is made available for collection only, including without limitation if the Prize is impractical or excessively costly to deliver. In the case of a non-cash Prize, We will make all reasonable attempts to contact the Winner using their Account contact details, but if We have not been able to make contact with the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether, without liability to the Winner.
10.4. Any transactions (e.g., chargeback fees, non-sufficient funds, etc.) that cause Your account credit balance (unrestricted funds in Your player account) to be negative, must be paid to Us before any individual cash Prize is issued to You. We reserve the right to withhold any cash Prize that You win to cover Your negative account credit balance. We also reserve the right to withhold any non-cash Prize that You win until Your account credit balance is zero or greater. Your account credit balance must be zero or greater within 30 calendar days of You being notified of Your non-cash Prize win, or such Prize may be forfeited. We reserve the right not to award a Prize or to request the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that they are entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with Section 6.
10.5. If You are competing in a contest, league or tournament and are unable, for any reason whatsoever, or choose not to progress to the next round after qualifying to do so, You will forfeit Your place and will not be eligible to receive any Prize to be awarded for the next or any subsequent round or the final Prize.
10.6. Any entitlement to receive a Prize is non-transferable.
10.7. The Winner is solely responsible for the payment of any applicable taxes in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include, but are not limited to, if the Prize consists of a motor vehicle, in relation to vehicle registration, motor insurance and driving license or, if the Prize consists of foreign travel, in relation to passport, visa and travel insurance requirements or, in relation to Prizes that are location-specific (for example, an event, activity or vacation), the cost of travel to and from the relevant location (unless the Prize explicitly includes travel or consists of a flight, train journey or sea voyage, in which case the Winner is responsible for travel to and from the point of embarkation).
10.8. If a Prize consists of an event, activity, vacation or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third-party provider or organizer, and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third-party provider or organizer. The contract in relation to any such event, activity, vacation or service will be directly between the Winner and the relevant third-party provider or organizer and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third-party provider or organizer. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, vacation or service.
10.9. If, in relation to any Prize, We make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, affiliation, sponsorship or endorsement is claimed or should be assumed from the use of these names or trademarks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation the make, model, specification, color, finish, packaging and other features.
10.10. Our offering of a particular Prize implies no affiliation on Our part with, or sponsorship, or endorsement of, the relevant third-party manufacturer, supplier, provider or organizer.
10.11. The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions or other terms are made, given or accepted by Us and no other terms shall apply, as between Us and any person, in relation to any Prize, including without limitation any terms regarding suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which We exclude to the maximum extent permitted by law.
11. Publicity and intellectual property
11.1. By participating in any Promotion in which You win a Prize, or which takes the form of a contest, league or tournament in which You successfully progress to a second or subsequent round, Your participation constitutes permission for Us to use Your name, image, likeness, voice, details of the country and/or city where You live, and any comments made by or attributed to You for any commercial purpose, including, without limitation, promotional, advertising, and publicity purposes, in any media, throughout the world and in perpetuity, without any compensation being payable, and without notification, permission, or approval. You also agree, if requested, to an affidavit of eligibility, release of liability, and, except where prohibited, publicity release.
11.2. Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third-party branding or advertising for any organization which We consider to be Our competitor, including without limitation any branding or advertising for any other gaming company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to request the return of any Prize awarded.
11.3. With respect to any submission or entry You make in the course of participating in any Promotion, You declare that the relevant material will be all Your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) for such material, and if moral rights exist, You agree to waive such rights. Moral rights are the rights to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to said work, that would be prejudicial to the author’s honor or reputation. You agree to execute all documents and to do any other things reasonably necessary to assure Our title to such material, and to allow Us to fully use and exploit such material.
12.1. All references to sums of money on our Services will be in U.S. currency.
13. Our Liability
13.1. Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.
13.2. If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or prize of any kind will be awarded.
14. Alteration and termination of Promotions; modification of the Promotion Rules
14.1. We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion, or the number of participants, or the value of claims.
14.2. The Promotion Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend that You revisit these Standard Promotional Terms regularly.
15. Poker Live Events
15.1. Winners will participate in a live tournament as a member of Our Borgata Online Poker team.
15.2. Winners may not cash in a live tournament ticket for a cash prize.
15.3. These Poker live event conditions may be superseded by specific live tournament rules provided by the live tournament organizer. If any provision of these Poker live event conditions is superseded by a live tournament rule, the remaining provisions of these Poker live event conditions shall remain in full effect.
15.4. If the Winner is not able to participate in a specific live tournament, We may provide the Winner an opportunity to participate in an alternative live tournament of equal or lesser value. Should We, at Our sole discretion, deem the alternative live tournament to be of lesser value, the Winner will receive the buy-in value difference in cash. If no suitable alternative live tournament is available, the prize package may be forfeited. If the Winner fails to show up at a specific live tournament, their entry will be forfeited and added to the prize pool of the tournament.
15.5. If We are not able to send the Winner to a live tournament due to reasons beyond Our reasonable control, or due to reasons associated with the purpose of sending the Winner to the live tournament, the Winner will be provided with the opportunity to participate in an alternative live tournament.
15.6. Any substitution live tournament is decided by Us at Our sole discretion.
15.7. We may, at Our discretion, decide not to send a team to a live tournament. We shall notify the Winner at least two (2) weeks prior to the start of the live tournament setting out the reason(s) for the non-participation. We shall also provide the opportunity to participate in an alternate live tournament.
15.8. If the Player is sent to an alternative live tournament, We may not be held liable for any costs, loss or damage incurred as a result thereof.
15.9. As a member of Our team, the following costs related to a live tournament may be covered by Us. Costs paid are dependent on the package value won by the Winner:
- Tournament buy-in: We may cover the cost for the tournament buy-in.
- Travel allowance and spending money: We may cover travel costs and provide spending money to the Winner. The amount paid will be communicated through Our representative and will be paid to the Winner before departure to a live tournament. The amount may cover any costs and expenses that the Player has during the stay at the location of a live tournament. The amount will be credited to the Player’s account on Our site.
- Hotel accommodation: We may cover the costs for hotel accommodation. Any additional costs, e.g. meals, room service, telephone calls, etc. are the sole responsibility of the Winner.
15.10. When participating in a live tournament, or in any surrounding event, the Winner shall wear Our Borgata Online Poker brand fully visible at all times, unless the tournament organizers expressly prohibit such displays.
15.11. In connection with participating in a live tournament, the Winner agrees to be interviewed and/or engaged by public relations companies on Our behalf. This may include, but is not limited to, being interviewed by Our crew on a daily basis and providing any additional information of interest for the reporting on any of Our sites. We own the exclusive right to copy, reproduce and use all or part of the result from interviews or engagements, including photos and videos of the Winner. The Winner waives the right to inspect and approve such use.
15.12. If interviewed in connection with a live tournament by a third party, the Winner shall mention that the Winner has qualified for the live tournament by playing at Our site, unless the tournament organizers expressly prohibit such communication.
15.13. The Player is aware and agrees that We may use images and videos of the Winner as well as the Winner’s real name and nickname on any of Our sites in connection with the reporting of a live tournament.
15.14. We may provide compensation for additional activities following the end of a live tournament which the Winner may be asked to participate in. Any activities outside a live tournament period are subject to the prior approval of the Winner.
15.15. If the Winner fails to fulfill the obligations stated in this contract, the Winner will be banned from Our future team events, including qualifying events and live events. We will notify the Winner in writing about a ban and the consequences of such ban.
15.16. Should a banned Winner participate and win a prize in a qualifying event, the prize will be forfeited.
15.17. We may organize additional activities during the time a live tournament is running. We are not responsible in any way whatsoever for anything that may happen to the Winner during these activities. The Winner is always responsible for personal safety and should act accordingly. This applies during the whole time the Winner is acting as a member of Our Team.
15.18. The estimated total prize stated on Our site can only be guaranteed to a Winner that is participating in all activities offered as part of the prize. We cannot be held responsible if the Winner decides not to participate or is prevented from participating due to personal reasons or tournament play.
15.19. In the case of any disputes regarding any Terms and Conditions of the prize package, Our decision shall be final and binding upon the parties.
15.20. The Winner must be twenty-one (21) in order to participate in a live tournament and it is the sole responsibility of the Winner to provide verification of age. Documentation verifying age may be requested by Us at any time.
15.21. It is the sole responsibility of the Winner to hold any travel visa or any other conditions, such as immunizations, etc. that are required for the Winner to enter the country/region in which a live tournament takes place.
15.22. The Winner is required to bring a credit or debit card in order to gain access to the accommodation. Failure to do so will mean alternative, potentially inferior accommodation will need to be arranged by Us. All extra and associated costs in the event of such relocation shall be carried by the Winner.
15.23. The Winner is individually responsible for any taxes associated with the winning of the prize.
16.1. You may not assign or transfer any or all of Your rights or obligations under the Promotion Rules.
16.2. No third party shall have a right to enforce the Promotion Rules against Us.
16.3. Failure by Us to enforce a right under the Promotion Rules does not result in a waiver of such right.
16.4. If any part of the Promotion Rules is found to be unenforceable as a matter of law, all other parts of the Promotion Rules shall be unaffected and shall remain in force.
16.5. Our determination and decision on all matters will be final and no correspondence will be entered into regarding this. Any dispute or situation not covered by the Promotion Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and that decision shall be final and binding for all players.
16.6. If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail if there is any inconsistency.
If You have any questions, please contact Our 24/7 Customer Care team.
General Disconnection and Game Cancellation Policy
Unless otherwise stated by Us, the following terms and conditions set forth the rules and procedures that govern all players’ rights in the event of disconnection and game cancellation.
1. Disconnection protection is a tool that protects players if their internet connection is lost while they are involved in gameplay. We strive to offer the best disconnection protection to our players. Our goal is to protect players, while also maintaining appropriate checks so that the protection offered is not abused.
2. Disconnection protection is not intended to be used other than in the event of a genuine disconnection. Any misuse of this policy may result in the forfeiture of any monies won, tournament disqualification, the loss of the disconnection protection privilege, or expulsion from the website.
3. The Borgata Online software is designed to assess if a player has a genuine disconnection before giving the disconnection protection to them. Players trying to take advantage of disconnection protection by deliberately getting ‘timed out’ will be deemed to have ended their gameplay.
4. Players must accept the risk of disconnection and should log back in and continue playing as quickly as possible if they are cut off. Ask your internet service provider about how they can help reduce the risk of disconnection. We are not responsible for player disconnection.
5. We reserve the right to alter this policy and render final decisions on all matters herein at our sole discretion. Policy changes and relevant decisions will be communicated accordingly by Us using electronic means.
6. The Borgata Online Services, or certain betting markets, may not be available at any particular time (including due to connectivity issues).
7. Updates to the displayed information may put a player at a disadvantage compared to others who may have more up-to-date information.
8. Borgata Online may incorporate delays in the registered time for in-play wagers to prevent past-post wagers and cancellations.
DISCONNECTION POLICY - CASINO
1. If a player becomes disconnected while involved in a game where no player input is required to complete the game, the game will produce the final outcome as determined by the random number generator. We will update the player’s Account accordingly.
2. If a player becomes disconnected while involved in a single player game, where player input is required to complete the game, We will, subject to our discretion, either: (1) upon subsequent activation, return the player to the game state from immediately prior to the interruption and allow the player to complete the game; All wagers pending disposition shall be held in a pending wager account; or (2) cancel the game according to the specific game’s rules, resulting in either the forfeiture of the player’s wager or the return of funds to the player in accordance with Our internal procedures; or (3) depending on the specific game’s rules, make a selection on behalf of the player in order to complete the game.
3. If a player becomes disconnected while involved in a game with multiple players, where the result is affected by the time to respond to a game event, such as Poker or Blackjack, the game shall make a selection on behalf of the player in order to complete the game.
DISCONNECTION POLICY - POKER
The normal disconnection protection feature is not available on certain types of tables (all tournaments and some specifically marked ring-game tables). These tables will have ‘No DP’ next to their names in the Lobby. On these tables, when a player who is invested in the current pot is deemed to be disconnected, the system will award additional time for them to return and rejoin the game.
The amount of time awarded will depend on the current pot size:
- For stud games ‘X’ is lower stake
- For flop games, ‘X’ is big blind
For non heads-up tables:
- No time added if pot size is up to 5xX
- 20 seconds if the pot is more than 5xX and up to 20xX
- 30 seconds if the pot is more than 20xX and up to 40xX
- 45 seconds if the pot is more than 40xX and up to 80xX
- 60 seconds if the pot is more than 80xX
For heads-up tables:
- 20 seconds if the pot is more than 0 and up to 5xX
- 30 seconds if the pot is more than 5xX and up to 10xX
- 45 seconds if the pot is more than 10xX
The system will wait for additional time only if the current player who is deemed to be disconnected is: a) invested in the pot and b) his current options do not contain a ‘Check’ option. We call this feature a ‘lifeline’. Lifelines are simply the extra time a player will be given to choose what to do if they are disconnected when it is their turn to act. We strongly discourage abuse of this feature by penalizing players deemed to be using it intentionally with the possibility of losing both chips and money. The player will be given 60 seconds to reconnect, including the lifeline. If the player reconnects on the 56th second, they will then have at least 20 seconds act, this is the extra ‘bet time-out’ period.
Here’s a brief breakdown of tables and tournaments which feature lifelines or the normal disconnect protection:
- Any table (normal, STT, MTT) can have either lifelines or DP; no table can have both features
- All tournament tables are lifeline tables
- Live-game tables can be either DP or lifeline tables
- There is no lifeline tag added to STTs and MTTs listed in the Lobby
- ‘No DP’ will be added to the Lobby listings for live games if they are lifeline tables
An unlimited number of lifelines are available to our players, as long as the conditions given above are met.
We’ll send the player a chat message when our software decides to award additional time as a result of a disconnection.
If a player who is deemed to be disconnected has the option to check, our software will automatically carry out this action without awarding any additional time.
Sit & Go single-table tournament and Sit & Go multi-table tournament
Disconnection protection is not available in any Sit & Go tournaments. Your hand will automatically be folded if you lose your connection.
Disconnection protection is not available in any multi-table tournaments. Your hand will automatically be folded if you lose your connection.
The deal-making process will continue as normal even if you are disconnected while discussing a deal with another player, giving rise to the following scenarios:
- You reconnect while the deal is still taking place and rejoin the process.
- You do not reconnect before the deal is rejected because the deal making time has elapsed.
- Other players have rejected the deal while you were disconnected, and play has resumed.
- Disconnection is treated as an implicit rejection of a deal, if a deal must be approved by all the players at the table, it will fail unless you reconnect and confirm it in the allotted time.
GAME CANCELLATION POLICY - POKER
Real money games
If a game is cancelled while a hand is in progress, the player balances will revert to the balances from the start of the hand. For other issues related to real money games in progress, please refer to our Lifeline and Disconnection policies above.
Poker Tournament Cancellation
For Single Table Sit & Go tournaments, Multi-Table Sit & Go tournaments & Multi-Table tournaments: if a tournament is cancelled for technical reasons, the following refund policy will take effect:
a. If the tournament has not yet started:
- All registered players will be refunded their buy-in and entry fee.
b. If the tournament has started but registration for the tournament is still open (i.e. the tournament is still in the late registration period):
- Eliminated players at the time of cancellation will not be refunded their buy-in or entry fee.
- Players still in the tournament will be refunded their buy-in and entry fee.
- Any buy-ins (excluding entry fees) collected from players who have been eliminated from the tournament will be distributed on a percentage basis to the remaining players according to each remaining player’s chip count.
- The tournament will only pay out funds which have been collected in buy-ins. Any guaranteed prize pool amount from the tournament will not be a relevant factor in calculating payouts.
c. If the tournament has started and the registration period for the tournament has closed:
- Eliminated players at the time of cancellation will not be refunded their buy-in or entry fee.
- Players still in the tournament will be refunded the amount that would have been awarded to the next player to be eliminated from the tournament.
- 50% of the remaining prize pool will be distributed equally between the remaining players, and 50% will be distributed on a percentage basis according to each player’s chip count. The remaining players will also be refunded their entry fee.
d. In extraordinary circumstances where the quality of our service is severely degraded, such as may happen due to the occurrence of an Act of God, a terrorist attack, fire, or malicious Distributed Denial-of-Service (DDoS) attack, we reserve the right to cancel tournaments and refund players their buy-in and entry fee only for tournaments where the actual prize pools may be less than guaranteed prize pools. In such an event we will refund all players their buy-in and entry fee, including those players who were eliminated at the time of cancellation.
If a tournament is cancelled for technical reasons, the following refund policy will take effect:
a. If the tournament has not yet started:
- All players will be refunded their buy-in and entry fee.
b. If the tournament has started:
- Eliminated players at the time of cancellation will not be refunded their buy-in or entry fee.
- Players still in the tournament will be refunded the amount that would have been awarded to the next player to be eliminated from the tournament.
- 50% of the remaining prize pool will be distributed equally between the remaining players, and 50% will be distributed on a percentage basis according to each player’s chip count.
- The pre-determined bounty amount will form part of the total prize-pool if this has not already been won.
- The remaining players will NOT be refunded their entry fee.
- A SPINS tournament will be deemed as started only when the first card is dealt.
- With each rebuy and add-on, the total chips in the tournament will increase. The total chips in rebuy tournaments will be equal to the sum of all players starting chips (including extra starting chips, if any), plus the sum of chips given to all players through a rebuy request, plus the sum of chips given to all players through an add-on request. The total chips in the tournament will continue to accumulate as and when players make a rebuy request, and the final number will be calculated only when the add-on period is over.
- If a tournament crashes during the add-on period, the exact count of total chips in the tournament at the time of crash (including the chips added into the tournament as a result of rebuy and add-on requests) will be used to distribute the balance of the prize pool money.
- If a Satellite tournament is offering a guaranteed prize; the guaranteed prize is only guaranteed and paid out if the late registration period closes after the specified number of blind levels. If the tournament completes while late registration is still open, only monies collected will be distributed in prizes to players in the form of tickets, tournament dollars and/or cash, which will be based on how the prize structure is configured.
- The tournament disconnection protection and cancellation policy applies to all tournaments.
- We reserve the right to cancel or reschedule tournaments at any time, for any reason, with or without notice. We reserve the right to amend our poker tournament rules and policies at any time without notice. Such amendments will take effect as soon as they are listed on the Tournament Rules page of the website. It is the player’s sole responsibility to review the tournament rules and policies before entering a tournament.
- The poker tournament rules and policies contained herein represent the complete understanding between the player and the site with respect to the player’s activities at any tournament, except as otherwise specified in any poker tournament rules pertaining to a particular tournament, as posted on the website.
- Notwithstanding anything to the contrary, all use of the website by a player is governed by the General Terms of Service. In the event of any dispute, these Terms of Service will apply.
Player Protection (Responsible Gaming)
At Borgata Online, we believe that online gambling “when done in the spirit of fun” can offer an unsurpassed level of excitement. However, when in those instances a person exhibits problem-gambling behavior, we believe it is our responsibility to offer information and assistance.
This page was created to inform customers of the risks associated with problem gambling and to serve as a means of prevention to those who are at risk for developing a gambling problem. Please take a moment to read through this information, as it will provide you with the means to maximize your enjoyment while gambling responsibly.
What Is Problem Gambling?
Like many other addictions, gambling addiction is rooted in an uncontrollable urge and obsession, which if left unchecked, can lead to financial hardship. Pathological gambling has been listed as a recognized psychological disorder in the international classification systems DSM-V and ICD-10 since 1980. It is defined as persistent, recurring and often increasing gambling despite negative personal and social consequences such as debt, breakdown of social relations and impairment of professional development.
Unfortunately, one of the most common symptoms of this disease is deception; people with gambling problems will go to great lengths to hide their gambling related problems, not just from others, but also from themselves. As a result, detection can come late after adverse consequences are revealed and with dire consequences. A negative vicious cycle often develops, wherein the gambler seeks relief or even a solution through increased gambling. The ensuing financial and emotional deterioration affects every aspect of the affected person’s life, from family and friends to colleagues and associates.
Gambling addiction is a disease that does not discriminate. Anyone is susceptible regardless of gender, age, race, or financial status. Fortunately, once detected, it is an addiction that can be successfully treated.
The Warning Signs:
- Sacrificing time from work or family in order to gamble.
- Repeated inability to stop or control betting.
- Borrowing money to gamble or to pay off previous bets.
- Use of gambling as an emotional escape.
- Self-neglect or neglect of family due to gambling.
- Lying about time or money lost to betting.
- Gambling more in order to recoup previous losses (“chasing losses”).
- Obtaining money for gambling by selling/pawning personal property.
- Feelings of hopelessness, depression or suicide.
We strongly encourage all of our players to know their limits and stay within them. Review the rest of this information to find out more about how we’re creating a fair and responsible gambling environment for everyone to enjoy.
We aim to provide the world’s safest and most innovative betting platform. With our fair and responsible product line-up, every user can play within their financial means and receive the best service possible. Borgata Online commits itself to integrity, fairness and reliability and we always do our best to prevent gambling-related problems.
Together with leading research institutes, associations and counselling providers, we have developed measures that ensure a responsible, safe and reliable place for online gambling.
- Real Fairness
It is our responsibility to create a gambling environment that is founded on the spirit of fair play. The trust of our customers is fundamental to our success. Customer confidence is reliant on us safeguarding the fairness of the games and protecting our customers against fraud. We work closely with independent authorities which monitor the fairness of the gambling products we offer. When it comes to fraud and manipulation, our dedicated investigation and online monitoring teams ensure your protection.
- Real Security
Borgata Online is subject to strict regulatory oversight, and we comply with a wide range of laws, rules, standards and regulations throughout various jurisdictions. Regular verification of compliance by means of independent reviews confirms that random number generators work as they should, that your deposits are kept safe in segregated accounts and that your personal data is protected.
- Real Prevention
For many people around the world, gambling is a great source of entertainment. Unfortunately, some individuals experience problems related to their gambling, which vary in degree from mild to very severe. We are committed to identifying risks as early as possible and intervening to prevent these problems before they emerge. We have in place a Responsible Gaming program which includes controls to help customers play within their limits and avoid a situation where gambling causes problems (see section ‘Setting Player Gaming Limits’).
Responsible Gaming Behavior
By observing the following rules, you will be able to better enjoy your gambling experience:
- Gamble for fun and not as a way to earn money.
- Only play when you are relaxed and concentrated.
- Take regular breaks.
- Keep track of your gambling. Consult the overview of your gambling transactions in your account.
- Decide your monthly gambling budget in advance.
- Only gamble what you can afford to lose.
- Independently of our standard deposit limits, you may set a lower amount as your own personal limit.
- Once you’ve set your limit, stay within it. Increasing it later may lead to excessive play.
- Before you start playing, decide the winning amount at which you will end the game.
- Decide beforehand how high your losses can be, and be comfortable ending the game once you’ve reached your limit.
- Never play under the influence of alcohol or medication.
- Never play if you are feeling depressed.
There are myths associated with gambling, such as:
- My luck will change if I keep gambling and I’m sure I’ll win my money back.
- I am due for a win.
- If I play multiple games at a time, I’ll increase my chances of winning.
- I have a special strategy that helps me win.
- I have a gut feeling that today is my lucky day.
While having rituals and believing the next spin is “the one” can be fun and add to your enjoyment, it’s important to understand just how random the games and events are. Remember, the house has the advantage, and you’re likely to lose more than you win over time, so stay within your limits and keep it fun.
There are many risks associated with problem gambling, including:
- A negative impact on relationships and family life.
- Financial difficulties, including maxing out credit cards and increasing debts.
- A range of emotional, physical, and psychological health problems.
- An adverse effect on an individual’s ability to perform well at work.
We would like to stress that diagnoses relating to clinical disorders, such as problem gambling, can only be made by trained specialists. This page offers material which will allow you to quickly assess and consider your own behavior. If you can identify with four or more of the following characteristics, we recommend that you speak to a professional:
- Are you highly involved in gambling?
- Do your thoughts constantly turn to gambling?
- Are you constantly increasing your stakes? Even beyond your financial means?
- Have you unsuccessfully attempted to quit or cut down your gambling?
- Do you become irritated and frustrated after attempting to reduce the extent of your gambling?
- Does gambling serve as a means of getting away from problems or unpleasant feelings?
- Have you ever tried to win back losses by taking risks you usually would not take?
- Have ever you lied about the extent or success of your gambling?
- Has your gambling ever led to a negative impact on your relationships or your job?
- Have you ever been forced to rely on others to finance your gambling?
Borgata Online offers a variety of responsible gambling tools to help players stay in control of their gambling. To learn more about these tools, visit the Responsible Gambling section under your “Account Settings”.
SETTING PLAYER GAMING LIMITS
We offer a range of different options that can be used to manage your gambling activity at any time. This includes tools which allow you to limit the amount you can deposit, wager or lose; time limits to help you control how much time you spend gambling; or the option to place a “timeout” on your account from gaming for a period of time.
Once established, any decrease to these limits will be effective immediately and you will receive an instant text notification. Any increase to these limits will become effective only after the time period of the previous limit has expired.
Deposit and Wager Limits
Deposit and wager limits can be set on a daily, weekly and monthly basis and specify the maximum amount of money you can deposit into your internet gaming account during a particular period of time. All requests for limit decreases will be implemented immediately; requests for limit increases only become valid after a delay (1 day for daily limit, 7 days for weekly limits and 30 days for monthly limits) and an additional confirmation of the request. Please go to Account --> Advanced Settings --> Deposit Limits to set a deposit/wager limit.
Loss limits can be offered on a daily, weekly and monthly basis and specify the maximum amount of money you can wager during a particular period of time. All requests for limit decreases will be implemented immediately; requests for limit increases only become valid after a delay (1 day for daily limit, 7 days for weekly limits and 30 days for monthly limits) and an additional confirmation of the request. Please go to Account --> Advanced Settings --> Spending Limits to set a loss limit.
Time-based limits are offered on a daily basis and specify the maximum amount of time you may spend playing on the website (time is measured hourly from the time you log in to the time you log out). After exceeding this time period, you will be prevented from further play. All requests for time limit decreases (i.e. going from playing 10 hours a day to 1 hour a day) will be implemented immediately; requests for time limit increases (i.e. going from playing 1 hour a day to unlimited play) only become valid after 30 days. Please go to Account --> Settings --> Time Management to set a time limit.
Timeout/Cooling Off Period
Should you need a timeout (“cooling off”) period from gambling, you can choose our timeout action. Please be aware that the timeout must be for a minimum of 3 days (up to a maximum of 1 year) and that during that time period you will not be able to login to place a wager or deposit. Please contact the Customer Care should you want your funds returned during that period. The account will not be reactivated under any circumstances during that period (unlike a standard account closure request). The account will be automatically reenabled after the selected timeout period has passed. Please go to Player Icon --> Responsible Gaming --> Time Out/Self-Exclusion (depending on your state).
Closing Your Account
If you want to permanently close your account for responsible gambling reasons, please contact our Customer Care department in order to do so.
There are a number of support organizations available which offer valuable information and advice across a range of areas. Details are below, including contact information for each organization.
The Council on Compulsive Gambling of Pennsylvania
The purpose of the Council on Compulsive Gambling of Pennsylvania (CCGP) is to educate and disseminate information on compulsive gambling and to facilitate referrals to help. The Pennsylvania Council provides speakers, workshops, seminars, and information on this public health problem to business, industry and labor groups, schools and colleges, health care and treatment facilities, and to community and religious organizations.
The Council on Compulsive Gambling of Pennsylvania assists individuals in Pennsylvania who are seeking more information about, or help for, gambling problems. The CCGP manages a free and confidential Problem Gambler’s Helpline in Pennsylvania. They refer all callers to the closest resources, which may include local trained clinicians, or nearby Gamblers Anonymous or Gam-Anon meetings.
The Problem Gambler’s Helpline is a confidential service open 24 hours a day, 7 days a week, and is staffed by trained professionals who understand the nature of the disease and are committed to helping those in need. Just pick up the phone and dial 1-800-GAMBLER or visit www.pacouncil.com.
National Council on Problem Gambling
The National Council on Problem Gambling (www.ncpgambling.org) serves as the national advocate for programs and services to assist problem gamblers and their families. Their vision is to improve health and wellness by reducing the personal, social and economic costs of problem gambling.
The Pennsylvania Department of Drug and Alcohol Programs’ gambling addiction participating provider list
Gamblers Anonymous of PA
The Pennsylvania Gaming Control Board’s Office of Compulsive and Problem Gambling
The Pennsylvania Gaming Control Board (PGCB) maintains a voluntary self-exclusion list, which allows individuals to exclude themselves from participating in online gambling and sports betting in the Commonwealth of Pennsylvania for a period of X years. You can also request the PGCB to permanently ban you from the licensed Pennsylvania Casinos. Call 717-346-8300 or visit the Responsible Play website for more information.
You can sign up for the self-exclusion program on the PGCB website. You may also enroll by scheduling an appointment at a PGCB office or by visiting a PGCB office located in a licensed facility. To schedule an appointment, please call the Office of Compulsive and Problem Gambling at 717-346-8300 or email email@example.com.
If you have any questions related to responsible gambling, please get in touch with our Responsible Gaming team at firstname.lastname@example.org. Please note, it may take 24 to 48 hours before you receive a response. For immediate assistance, please contact our Customer Care team via the mobile portal (live chat feature is included), via e-mail at email@example.com or by phone at 267-825-7022.